CITY OF GEORGETOWN ORDINANCE NO. 98-__

AN ORDINANCE RELATED TO THE AMENDMENT OF THE ZONINGORDINANCE AND SUBDIVISION & DEVELOPMENT REGULATIONS TO

INCLUDE STANDARDS FOR ASSISTED LIVING FACILITIES

WHEREAS: The existing Zoning Ordinance and Subdivision andDevelopment Regulations do not have provision for Assisted LivingFacilities. This proposed amendment to the Georgetown Subdivision andDevelopment Regulations has been submitted to the citizens throughproperly advertised public hearing before the Georgetown/Scott CountyPlanning and Zoning Commission, who at the close of that hearingunanimously recommended the adoption of this amendment to the Cityand County governments of Scott County.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OFGEORGETOWN, KENTUCKY, as follows:

SECTION ONE: NEW PROVISIONS.

1. THE ZONING ORDINANCE, ARTICLE II, DEFINITIONS, is amended toinclude the following definitions:

A. Aged Persons(s): persons who are 62 years of age or older.B. Assisted Living Facility: a building, establishment, complex, or

distinct part thereof which:i. accepts primarily aged persons for domiciliary care, not

nursing or medical care;ii. provides on site to its residents private lockable

residential spaces as defined by 905 KentuckyAdministrative Regulations (KAR) 5:080, KRS Chapter 13Band Executive Order 96-862, Certification of AssistedLiving Residences (Voluntary);

iii. provides on site to its residents in addition to theresidential unit, meal service in a community diningfacility and non-medical personal care servicesappropriate to the resident's respective needs;

iv. other than supervision of self medication, medicalservices are not a service provided by the facility. Thefacility may provide space for an unrelated Home HealthService or a Medical Doctor's Office for ease of access to

those services by the residents;v. provides linkages with hospitals, community services and

makes transportation available; andvi. provides timely assistance to residents for response to

urgent or emergency needs.2. A NEW SECTION OF THE ZONING ORDINANCE IS CREATED, ARTICLE

II, Sec. 2.54, Assisted Living Facilities, is created to include thefollowing performance standards.

A. General Standards: No Certificates of Occupancy shall beissued prior to certification of compliance with the (Voluntary)Certification of Assisted Living Residences standards (905 KAR5:080, KRS 209.200, KRS Chapter 13B). This requirement can bemet by written notice from the Cabinet for Families andChildren or a statement of intended compliance signed by theowner, engineer/architect, and management group addressingeach of the requirements of the Voluntary CertificationProgram.No Certificate of Occupancy shall be issued prior tothe issuance of required permits and certificates by federal,state, and local agencies and all required conditions of approvalby the Board of Adjustments and the Planning Commission.

B. Locational Standards: Development shall be located on anarterial street, collector street, or sub-collector street. Off-sitegrocery and other commercial and medical conveniencesshould be within the ability of aged persons to reach themeasily by one of three ways: by walking safely to them (within2,000 feet on level sidewalks); by transportation provided byproject and facility owners with frequent daily schedule servicewithin a 5-10 minute ride to grocery and other commercial andmedical conveniences; or by readily available public transit(transit stop or bus shelter at a main entrance to thedevelopment) at such time that public transit becomesavailable. The location, design, and operating characteristics ofthe use shall be compatible with and not adversely affectadjacent properties and the surrounding area. The proposeddevelopment shall be harmonious with surrounding buildingswith respect to scale, architectural design, and buildingplacement. The street network shall be capable ofaccommodating the traffic generated by the proposed use.

C. Site Standards: Minimize lot size: To be based on the zoningdistrict within which the development is located and based onthe building ground coverage of such district. The maximum

allowable density for such developments shall be calculated bythe following formula: for residential units between 400-800square feet without standard kitchen areas, the density withineach district may be increased by 1.5 (for R-2 = 18 units per netacre; R-3 = 24 units per net acre). For residential units greaterthan 800 square feet in size, the density within each districtmay be increased by 1.25 (R-2 = 15 units per net acre; R-3 = 20units per net acre). For those units with standard kitchen areas,the density for each district shall apply. In the P-1 and P-1Bdistricts, the density shall be the same as the R-3 standards.Requests for an increase in the number of units per buildingmay be approved by the Board of Adjustments as part of theConditional Use Approval.These facilities should be designed soas to cluster the residential units and associated buildingsbased on the net density and provide sufficient open space andamenities areas. The maximum height of such facilities threestories or 40 feet. Three (3) parking spaces shall be provided forevery five (5) residential units. Ten percent of the total parkingspaces shall be designated as handicap accessible. Each unitshall contain at least 400 sq. ft. of gross floor area.

D. Area Regulations: All buildings shall be set back from thestreet right-of-way and from all property lines as required bythe zoning district within which the development is locatedexcept: Where adjacent to a residential or agricultural zoningdistrict, the minimum setback shall be 50 feet. Where adjacentto a state highway, the minimum setback shall be 50 feet.

E. Administrative Procedures for Assisted Living Facilities: Anapplication for Conditional Use approval shall be filed with theBoard of Adjustments office for their regular scheduledmeeting, unless otherwise noted. An application forDevelopment Plan approval for an assisted living facility shallbe filed with the Planning Commission. Each application shallbe accompanied by the required development plans drawn toscale, as outlined in Art. II, Secs., 2.3 and 2.9, and prepared by alicensed engineer. Such site plan shall be reviewed by thePlanning Commission and the Technical Review Committee,and the comments reported to the Planning Commission. Thefollowing information shall be included in addition to therequirements for development plans, but not limited to: Thelocation and legal description, including the appropriate taxmap and parcel identification, of the proposed assisted living

facility. Plans and specifications of all buildings, improvementsand facilities constructed or to be constructed within thedevelopment, including building elevations and floor plan. Atable attached on the plan or as an addendum, identifying thenumber of residential units, by bedroom size and the grosssquare foot area of each unit size. A description of commonand specialized services to be provided to the residents. Alandscaping plan, including all required screening andbuffering. The location, height, focal direction, and lightinglevels (intensity), in foot candles, of all external lightingstructures. A preliminary project development, constructionand occupancy schedule. The schedule shall demonstrate theapplicant's readiness, ability to provide facilities and services.Development Plan approval shall be contingent upon issuanceof all required permits and approvals from federal, state, andlocal authorities. Drainage and erosion control plan. Such otherarchitectural and engineering data as may be required by thePlanning Commission to determine compliance with theprovisions of the Zoning Ordinance and Subdivision &Development Regulations.

SECTION TWO: AMENDED PROVISIONS.

1. THE ZONING ORDINANCE, ARTICLE II is amended to include theAssisted Living Facilities as Conditional Uses in Residential, R-2 andR-3, and Professional Office, P-1 and P-1B. Assisted Living Facilitiesshall be permitted as part of a Planned Unit Development withinareas comparable to the respective districts noted above.

Note: These areas that contain Assisted Living Facilities may also reasonably contain attached orseparate Nursing Home (Rest Home) Facilities, Elderly Apartment Building(s), duplexes for the elderlyor single family residences for the elderly.

2. Appendix VII of the Subdivision and Development Regulations isamended to provide the following: Minimum Parking SpaceRequirements:

Assisted Living Facilities - three (3) spaces for every five (5)residential units.

SECTION THREE: EFFECTIVE DATE: This Ordinance shall take effectupon passage and publication:

The foregoing Ordinance was introduced and read for the first time at theCouncil's regular meeting August 20, 1998, and for the second time,

adopted and approved, at the Council's regular meeting September 3,1998.

ATTESTED BY: GLENWOOD C. WILLIAMS, CLERK

APPROVED BY: WARREN POWER, MAYOR